Texas 2021 - 87th Regular

Texas House Bill HB3510 Compare Versions

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1-H.B. No. 3510
1+By: Lambert, et al. (Senate Sponsor - Menéndez) H.B. No. 3510
2+ (In the Senate - Received from the House May 3, 2021;
3+ May 10, 2021, read first time and referred to Committee on Business &
4+ Commerce; May 20, 2021, reported favorably by the following vote:
5+ Yeas 9, Nays 0; May 20, 2021, sent to printer.)
6+Click here to see the committee vote
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9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to work from remote locations by certain employees of
612 certain entities licensed by the Office of Consumer Credit
713 Commissioner.
814 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
915 SECTION 1. Subchapter F, Chapter 341, Finance Code, is
1016 amended by adding Section 341.503 to read as follows:
1117 Sec. 341.503. WORK FROM REMOTE LOCATIONS. (a)
1218 Notwithstanding provisions of this subtitle that prohibit
1319 conducting business at an unlicensed location and except as
1420 provided by Subsection (b), a person licensed under this subtitle
1521 may allow an employee of the license holder to work from a remote
1622 location if the license holder:
1723 (1) ensures that in-person consumer interactions will
1824 be conducted at a licensed location;
1925 (2) maintains appropriate safeguards for license
2026 holder and consumer data, information, and records, including the
2127 use of secure virtual private networks where appropriate;
2228 (3) employs appropriate risk-based monitoring and
2329 oversight processes for work performed from a remote location and
2430 maintains records of those processes;
2531 (4) ensures that consumer information and records are
2632 not maintained at a remote location;
2733 (5) ensures that license holder and consumer
2834 information and records, including written procedures and training
2935 for work from remote locations authorized under this section, are
3036 accessible and available to the commissioner or the commissioner's
3137 representative on request;
3238 (6) provides appropriate employee training to:
3339 (A) keep all conversations about and with
3440 consumers conducted from a remote location confidential as if
3541 conducted from a licensed location; and
3642 (B) ensure that remote employees work in an
3743 environment conducive and appropriate to consumer privacy; and
3844 (7) adopts, maintains, and follows written procedures
3945 to ensure that:
4046 (A) the license holder and the license holder's
4147 employees comply with this section and applicable law; and
4248 (B) the employees do not perform an activity that
4349 would be prohibited at a licensed location.
4450 (b) This section applies to an employee of a person licensed
4551 under Chapter 348 or 353 only if the employee engages in making,
4652 servicing, holding, or collecting a retail installment transaction
4753 as defined by Section 348.001 or 353.001, as applicable.
4854 (c) The finance commission may adopt rules to implement this
4955 section.
5056 SECTION 2. This Act takes effect September 1, 2021.
51- ______________________________ ______________________________
52- President of the Senate Speaker of the House
53- I certify that H.B. No. 3510 was passed by the House on April
54- 30, 2021, by the following vote: Yeas 118, Nays 23, 2 present, not
55- voting.
56- ______________________________
57- Chief Clerk of the House
58- I certify that H.B. No. 3510 was passed by the Senate on May
59- 26, 2021, by the following vote: Yeas 31, Nays 0.
60- ______________________________
61- Secretary of the Senate
62- APPROVED: _____________________
63- Date
64- _____________________
65- Governor
57+ * * * * *